K.C. SUHURA Vs. UNDER SECRETARY

JUDGEMENT

(1.) READ the order dated 18.01.2013 and the various earlier orders passed in this case. Sanila, the detenue, her parents and Sabeesh, the 4th respondent, are present before us. We interacted with each one of them.

(2.) SANILA and the 4th respondent continues to be in ever lasting love with each other, according to them. They maintain that they are lawfully wedded husband and wife. They place reliance on the certificate of registration of Hindu marriage issued by the Registrar of Marriages, Bangalore dated 31.12.2012. They also rely on the certificate dated 22.08.2012 issued by the Bharatheeya Hindu Sudhi Sabha, Aryasamaj Mandir, Ram Mohan Road, which shows that Sanila has entered Aryajathi on the basis of a Sudhikarmam conducted by Sri.R.Indrajith Singh. They also rely on the certificate of marriage issued by Aryasamaj Temple, Ram Mohan Road, which is to the effect that the marriage between them was solemnized on 22.08.2012 at the Aryasamaj Temple. But, when this certificate directly conflicts with the certificate issued by the Registrar of Marriages, Bangalore, that the parties declared before the Registrar that a valid Hindu Marriage between them was solemnized on 25.08.2012, we enquired of Sanila and Sabeesh as to whether they are Aryasamajists. Sabeesh would tell us that he is not an Aryasamajist and he is a Hindu. Sanila, in fact, did not give us any answer to our query whether she is an Aryasamajist.

(3.) THE parents of Sanila continues to be apprehensive of their daughter's relationship with Sabeesh. But, as already noticed by us, Sanila and Sabeesh are deeply in love. Both of them have attained majority and they believe that they are lawfully wedded husband and wife. We are, therefore, of the view that Sanila can be allowed to join Sabeesh upon she and Sabeesh submitting notice of an intended marriage between them under the provisions of Special Marriage Act on the understanding that when that notice matures, they will get married under the provisions of the Special Marriage Act. Accordingly, we pass the following orders;